17
-54:1 , 2,010 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION Rafael Herrera Dow AgroSciences 9330 Zionsville Road $pp j g 2510 Indianapolis, IN 46268-1054 Subject: EPA Reg. 62719-547 / Sapphire Notification Dear Mr, Herrera: The Agency is in receipt of your Application for Pesticide Notification under Pesticide Registration Notice (PRN) 98-10 dated 7-15-10 for the product EPA Reg. 62719-547 / Sapphire. The Registration Division (RD) has conducted a review of this request for its applicability under PRN 98-10 and finds that the action requested falls within the scope of PRN 98-10. The label submitted with the application has been stamped "Notification" and will be placed in our records. If you have any questions please call Erik Kraft at 703-308-9358 or email at [email protected] or Kathryn Montague at 703-305-1243 or Montague. Kathryn(g),epa.gov. Sincerely, Kathryn Montague Team Leader Herbicide Branch, Team 23 Registration Division (7504P)

US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

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Page 1: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

-54:1 , 2,010

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYWASHINGTON, D.C. 20460

OFFICE OF CHEMICAL SAFETYAND POLLUTION PREVENTION

Rafael HerreraDow AgroSciences9330 Zionsville Road $pp j g 2510Indianapolis, IN 46268-1054

Subject: EPA Reg. 62719-547 / Sapphire Notification

Dear Mr, Herrera:

The Agency is in receipt of your Application for Pesticide Notification under PesticideRegistration Notice (PRN) 98-10 dated 7-15-10 for the product EPA Reg. 62719-547 / Sapphire.The Registration Division (RD) has conducted a review of this request for its applicability underPRN 98-10 and finds that the action requested falls within the scope of PRN 98-10. The labelsubmitted with the application has been stamped "Notification" and will be placed in our records.

If you have any questions please call Erik Kraft at 703-308-9358 or email at [email protected] Kathryn Montague at 703-305-1243 or Montague. Kathryn(g),epa.gov.

Sincerely,

Kathryn MontagueTeam LeaderHerbicide Branch, Team 23Registration Division (7504P)

Page 2: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

!

Ptetto read instruction* on ruvenu baton completing form. Form Approved. OMB No. 2070-OO6O, Acorovet exoire* 2-28-95

&EPAUnited States

Environmental Protection AgencyWashington, DC 20460

RegistrationAmendmentOther

OPP Identifier Number

Application for Pesticide - Section I1. Company/Product NumberDow AgroSciences LLC/62719-547

4. Company/Product (Name)Dow AaroSciences LLC/Saoohire

2. EPA Product Manager

Kathryn Montague

PM*23

3. Proposed Classification

Nona Restricted

5. Name and Address of Applicant (Include ZIP Code)

Dow AgroSciences LLC9330 Zionsville RoadIndianapolis, IN 46268

Check if this is a new address

6. Expedited Reveiw. In accordance with FIFRA Section 3(c)(3)(b)(i), my product is similar or identical in composition and labelingto:EPA Reg. No.

Product Name

Section - II

Amendment - Explain below.

Resubmission in response to Agency letter dated.

Notification - Explain below.

Final printed labels in repsonse toAgency letter dated"Me Too" Application.

Other - Explain below.

Explanation: Use additional page(s) if necessary. (For section I and Section II.)

This notification is consistent with the provisions of PR Notice 98-10 and EPA regulations at 40 CFR 152.46, and no other changes have been made to thelabeling or the confidential statement of formula of this product. I understand that it is a violation of 18 U.S.C. Sec. 1001 to willfully make any false statement toEPA. I further understand that if this notification is not consistent with the terms of PR Notice 98-10 and 40 CFR 152.46, this product may be in violation ofFIFRA and I may be subject to enforcement action and penalties under sections 12 and 14 of FIFRA.

Section - III1. Material This Product Will to Packaged In:

Child-Resistant Packaging

j Yes

No

* Certification mustbe submitted

If "Yes"Unit Packaging wgt.

No. percontainer

Water Soluble Packaging

| Yes

No

If "Yes"Package wgt

No. percontainer

2. Type of Container

MetalPlasticGlassPaperOther (Specify)

3. Location of Net Contents Information

Label Container

4. Size(s) Retail Container 5. Location of Label Directions

6. Manner in Which Label is Affixed to Product LithographPaper gluedStenciled

Other

Section - IV1. Contact Point (Complete items directly below for identification of individual to be contacted, if necessary, to process this application.)

NameRafael Herrera

Title

Regulatory ManagerTelephone No. (Include Area Code)

(317) 337-4672 (fax: 317-337-4649)

CertificationI certify that the statements I have made on this form and all attachments thereto are true, accurate and complete.I acknowledge that any knowlinglly falsa or misleading statement may be punishable by fine or imprisonment otboth under applicable law.

2. Signature

4. Typed Name

Rafael Herrera (rlherrera'® dow.com)

3. Title

Regulatory Manager

5. Date

July 15, 2010

6. Date ApplicationReceived

(Stamped)

EPA Form 8570-1 (Rev. 3-94) Previous editions are obsolete. White - EPA Fib Copy (original) Yellow - Applicant Copy

Page 3: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

nDow AgroSciences LLC9330 Zionsville RoadIndianapolis, IN 46268-1054

308/2E HlDow AgroSciencesJuly 15,2010

Document Processing Desk (NOTIF)Office of Pesticide Programs (7504P)U. S. Environmental Protection AgencyOne Potomac Yard2777 S. Crystal DriveArlington, VA 22202

SAPPHIRE (A.I. PENOXSULAM)EPA REGISTRATION NUMBER: 62719-547NOTIFICATION OF MINOR LABEL CHANGE PER PR NOTICE 98-10

Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change hasbeen made by notification:

1. In the label booklet for the Tip 'n Measure container use directions, removed the text from inside the graphicsand placed it underneath the graphics.

This notification is consistent with the provisions of PR Notice 98-10 and EPA regulations at 40 CFR 152.46, and noother changes have been made to the labeling or the confidential statement of formula of this product. I understandthat it is a violation of 18 U.S.C. Sec. 1001 to willfully make any false statement to EPA. I further understand that ifthis notification is not consistent with the terms of PR Notice 98-10 and 40 CFR 152.46, this product may be inviolation of FIFRA and I may be subject to enforcement action and penalties under sections 12 and 14 of FIFRA.

Contents of Submission

• Transmittal document (this letter)• Application for Pesticide, EPA Form 8570-1• Label entitled Sapphire (E9A/Sapphire/MSTR Notif/07-15-10) (13 Pages plus Registration Notes) (1 Copy)

If you require further information, please contact Cindy Loy, Regulatory Specialist at (317) 337-4655.

Sincerely,

Rafael HerreraRegulatory Leader(317)337-4672(317) 337-4649 (FAX)

Enclosures

^Trademark of Dow AgroSciences LLC

Page 4: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

( ( \ nE9A / Sapphire / MSTR Notif / 07-15-10file: Sapphire-547 MSTR 15Jul10IM.doc

Sapphire®EPA Reg. No. 62719-547

Registration Notes:

Source label text based on EPA-accepted text dated August 6, 2009.

Change by notification:1. In the label booklet for the Tip 'n Measure container use directions, removed the text from inside the

graphics and placed it underneath the graphics.

^Trademark of Dow AgroSciences LLC

Page 5: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

nE9A / Sapphire / MSTR Notif / 07-15-10 Pagel

(Base label):

Sapphire®Specialty Herbicide

NOTIFICATION

SEP 16 2010

For postemergence control of annual and perennial broadleaf weeds inestablished turfgrass, such as residential lawns, golf courses, sports fields, sodfarms and around commercial buildings and other commercial turfgrass areas

Active Ingredient:penoxsulam: 2-(2,2-difluoroethoxy)-N-

(5,8-dimethoxy[1,2,4] triazolo[1,5c]pyrimidin-2-yl)-6-(trifluoromethyl)benzenesulfonamide 3.68%

Other Ingredients 96.32%Total 100.00%

Contains 0.31 Ib of active ingredient per gallon

[Editor's Note: The following should be included on the label if product is packaged in a Tip 'nMeasure bottle.]

; A> • • • \

: V'-" '. - 0'. ,2

* ,/V-^

I.Tip

x j|

: v""4 I

: h2. Level

-•

3. Dispense

Refer to inside of label booklet for detailed container use directions.

Keep Out of Reach of Children

CAUTION

Precautionary StatementsHazards to Humans and Domestic Animals

Harmful If Inhaled

Avoid breathing spray mist.

Personal Protective Equipment (PPE)

Applicators and other handlers must wear:• Long-sleeved shirt and long pants• Shoes plus socks

Remove and wash contaminated clothing before reuse. Follow manufacturer's instructions forcleaning/maintaining PPE. If no such instructions for washables, use detergent and hot -.vai r. Ke3p andwash PPE separately from other laundry.

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nE9A / Sapphire / MSTR Notif/07-15-10 Page 2

Engineering ControlsWhen handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirementslisted in the Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240(d)(4-6)], thehandler PPE requirements may be reduced or modified as specified in the WPS.

User Safety RecommendationsUsers should:• Wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet.» Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.

First AidIf inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then giveartificial respiration, preferably mouth-to-mouth if possible. Call a poison control center or doctor forfurther treatment advice.

Have the product container or label with you when calling a poison control center or doctor, or going fortreatment. You may contact 1-800-992-5994 for emergency medical treatment information.

Environmental HazardsDo not apply directly to water, or to areas where surface water is present or to intertidal areas below themean high water mark. Do not contaminate water when disposing of equipment washwater or rinsate.

Agricultural Use RequirementsUse this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFRPart 170. Refer to label booklet under "Agricultural Use Requirements" in the Directions for Use sectionfor information about this standard.

(Storage and Disposal for rigid containers 5 gal or less)Storage and Disposal

Do not contaminate water, food, or feed by storage and disposal.Pesticide Storage: Store in cool dry place in original container.Pesticide Disposal: Wastes resulting from the use of this product must be disposed of on site or at anapproved waste disposal facility.Container Handling: Nonrefillable container. Do not reuse or refill this container.Triple rinse or pressure rinse container (or equivalent) promptly after emptying. Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after theflow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsateinto application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 secondsafter the flow begins to drip. Repeat this procedure two more times. Pressure rinse as follows: Emptythe remaining contents into application equipment or a mix tank and continue to drain for 10 seconds afterthe flow begins to drip. Hold container upside down over application equipment or mix tank or collectrinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse atabout 40 psi for at least 30 seconds. Drain for 10 seconds after the flow begins to drip. Then offer forrecycling if available or puncture and dispose of in a sanitary landfill, or by incineration, or by otherprocedures allowed by state and local authorities.

(Storage and Disposal for refillable rigid containers larger than 5 gal)

Storage and DisposalDo not contaminate water, food, or feed by storage and disposal.Pesticide Storage: Store in cool dry place in original container.Pesticide Disposal: Wastes resulting from the use of this product must be disposed of en s'te or &t enapproved waste disposal facility.

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nE9A / Sapphire / MSTR Notif / 07-15-10 Page3

Container Handling: Refillable container. Refill this container with pesticide only. Do not reuse thiscontainer for any other purpose.Cleaning the container before final disposal is the responsibility of the person disposing of the container.Cleaning before refilling is the responsibility of the refiller. To clean the container before final disposal,empty the remaining contents from this container into application equipment or a mix tank. Fill thecontainer about 10% full with water and, if possible, spray all sides while adding water. If practical, agitatevigorously or recirculate water with the pump for two minutes. Pour or pump rinsate into applicationequipment or rinsate collection system. Repeat this rinsing procedure two more times. Then offer forrecycling if available, or puncture and dispose of in a sanitary landfill, or by incineration, or by otherprocedures allowed by state and local authorities.

(Storage and Disposal for nonrefillable rigid containers larger than 5 gal)

Storage and DisposalDo not contaminate water, food, or feed by storage and disposal.Pesticide Storage: Store in cool dry place in original container.Pesticide Disposal: Wastes resulting from the use of this product must be disposed of on site or at anapproved waste disposal facility.Container Handling: Nonrefillable container. Do not reuse or refill this container.Triple rinse or pressure rinse container (or equivalent) promptly after emptying. Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full withwater. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at leastone complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth severaltimes. Turn the container over onto its other end and tip it back and forth several times. Empty therinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat thisprocedure two more times. Pressure rinse as follows: Empty the remaining contents into applicationequipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold containerupside down over application equipment or mix tank or collect rinsate for later use or disposal. Insertpressure rinsing nozzle in the side of the container, and rinse at about 40 psi for at least 30 seconds.Drain for 10 seconds after the flow begins to drip. Then offer for recycling if available, or puncture anddispose of in a sanitary landfill, or by incineration, or by other procedures allowed by state and localauthorities.

Refer to label booklet for Directions for Use.

Notice: Read the entire label. Use only according to label directions. Before using this product, readWarranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies at end of label booklet. Ifterms are unacceptable, return at once unopened.

In case of emergency endangering health or the environment involving this product, call 1-800-992-5994.

Agricultural Chemical: Do not ship or store with food, feeds, drugs or clothing.

EPA Reg. No. 62719-547 EPA Est.

®Trademark of Dow AgroSciences LLCProduced forDow AgroSciences LLC9330 Zionsville RoadIndianapolis, IN 46268

Net Contents

1

' • ,

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tnE9A / Sapphire / MSTR Notif / 07-15-10 Page 4

(Label booklet cover):

Sapphire®Specialty Herbicide

For postemergence control of annual and perennial broadleaf weeds inestablished turfgrass, such as residential lawns, golf courses, sports fields, sodfarms and around commercial buildings and other commercial turfgrass areas

Active Ingredient:penoxsulam: 2-(2,2-dif luoroethoxy)-N-

(5,8-dimethoxy[1,2,4] triazolo[1,5c]pyrimidin-2-yl)-6-(trifluoromethyl)benzenesulfonamide 3.68%

Other Ingredients 96.32%Total 100.00%

Contains 0.31 Ib of active ingredient per gallon

Keep Out of Reach of Children

CAUTION

Agricultural Use RequirementsUse this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFRPart 170. Refer to label booklet under "Agricultural Use Requirements" in the Directions for Use sectionfor information about this standard.

Refer to inside of label booklet for additional precautionary information including Directions forUse.

Notice: Read the entire label. Use only according to label directions. Before using this product, readWarranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies at end of label booklet. Ifterms are unacceptable, return at once unopened.

In case of emergency endangering health or the environment involving this product, call 1-800-992-5994.

Agricultural Chemical: Do not ship or store with food, feeds, drugs or clothing.

EPA Reg. No. 62719-547 EPA Est.

®Trademark of Dow AgroSciences LLCProduced forDow AgroSciences LLC9330 Zionsville RoadIndianapolis, IN 46268

Net Contents

Page 9: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

( t nE9A / Sapphire / MSTR Notif / 07-15-10 PageS

[Editor's Note: The following Container Use Directions should be included on the label if productis packaged in a Tip 'n Measure bottle.]

Container Use Directions

, . : :" '

1.TIp

Sfl2. Level

*

3. Dispense

1. Remove the measuring chamber cap and induction seal. Replace cap and securely tighten. Tipcontainer until liquid fills measuring chamber.

2. Return container to level position. No adjustment is needed.3. Remove measuring chamber cap and dispense into proper application equipment.

' • < i

i

"-

Page 10: US EPA, Pesticide Product Label, SAPPHIRE, 09/16/2010 · 2010/9/16  · Enclosed please find labeling for the notification action of Sapphire® specialty herbicide The following change

( ( 101]

E9A / Sapphire / MSTR Notif / 07-15-10 Page 6

(Page 1 through end):

Precautionary StatementsHazards to Humans and Domestic Animals

CAUTIONHarmful If Inhaled

Avoid breathing spray mist.

Personal Protective Equipment (PPE)

Applicators and other handlers must wear:• Long-sleeved shirt and long pants• Shoes plus socks

Remove and wash contaminated clothing before reuse. Follow manufacturer's instructions forcleaning/maintaining PPE. If no such instructions for washables, use detergent and hot water. Keep andwash PPE separately from other laundry.

Engineering ControlsWhen handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirementslisted in the Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240(d)(4-6)], thehandler PPE requirements may be reduced or modified as specified in the WPS.

User Safety RecommendationsUsers should:• Wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet.» Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.

First AidIf inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then giveartificial respiration, preferably mouth-to-mouth if possible. Call a poison control center or doctor forfurther treatment advice.

Have the product container or label with you when calling a poison control center or doctor, or going fortreatment. You may contact 1-800-992-5994 for emergency medical treatment information.

Environmental HazardsDo not apply directly to water, or to areas where surface water is present or to intertidal areas below themean high water mark. Do not contaminate water when disposing of equipment washwater or rinsate.

Directions for UseIt is a violation of Federal law to use this product in a manner inconsistent with its labeling.Read all Directions for Use carefully before applying.

Do not apply this product in a way that will contact workers or other persons, either directly or through drift.Only protected handlers may be in the area during application. For any requirements specific to your stataor tribe, consult the agency responsible for pesticide regulation.

Agricultural Use Requirements |

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( (I nE9A / Sapphire / MSTR Notif / 07-15-10 Page?

Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFRPart 170. This Standard contains requirements for the protection of agricultural workers on farms, forests,nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training,decontamination, notification, and emergency assistance. It also contains specific instructions andexceptions pertaining to the statements on this label about personal protective equipment (PPE), andrestricted entry interval. The requirements in this box only apply to uses of this product that are coveredby the Worker Protection Standard.

Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 12 hours.

PPE required for early entry to treated areas that is permitted under the Worker Protection Standard andthat involves contact with anything that has been treated, such as plants, soil, or water, is:• Coveralls• Chemical-resistant gloves made of any waterproof material• Shoes plus socks

Non-Agricultural Use RequirementsThe requirements of this box apply to uses of this product that are NOT within the scope of the WorkerProtection Standard for agricultural pesticides (40 CFR Part 170). The WPS applies when this product isused to produce agricultural plants on farms, forests, nurseries, or greenhouses.

Entry Restrictions for Non-WPS Uses: Keep unprotected persons out of treated areas until sprays havedried.

Storage and DisposalDo not contaminate water, food or feed by storage and disposal.Pesticide Storage: Store in cool dry place in original container.Pesticide Disposal: Wastes resulting from the use of this product must be disposed of on site or at anapproved waste disposal facility.

Nonrefillable containers 5 gallons or less:Container Handling: Nonrefillable container. Do not reuse or refill this container.Triple rinse or pressure rinse container (or equivalent) promptly after emptying. Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after theflow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsateinto application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 secondsafter the flow begins to drip. Repeat this procedure two more times. Pressure rinse as follows: Emptythe remaining contents into application equipment or a mix tank and continue to drain for 10 seconds afterthe flow begins to drip. Hold container upside down over application equipment or mix tank or collectrinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse atabout 40 psi for at least 30 seconds. Drain for 10 seconds after the flow begins to drip. Then offer forrecycling if available or puncture and dispose of in a sanitary landfill, or by incineration, or by otherprocedures allowed by state and local authorities.

Refillable containers 5 gallons or larger:Container Handling: Refillable container. Refill this container with pesticide only. Do not reuse thiscontainer for any other purpose.Cleaning the container before final disposal is the responsibility of the person disposing of the container.Cleaning before refilling is the responsibility of the refiller. To clean the container before final disposal,empty the remaining contents from this container into application equipment or a mix tank. Fill thecontainer about 10% full with water and, if possible, spray all sides while adding water. If practical, agnatevigorously or recirculate water with the pump for two minutes. Pour or pump rinsate into applicationequipment or rinsate collection system. Repeat this rinsing procedure two more times. Then offer forrecycling if available, or puncture and dispose of in a sanitary landfill, or by incineration, or by otherprocedures allowed by state and local authorities.

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E9AV Sapphire / MSTR Notif / 07-15-10 Page 8

Nonref illable containers 5 gallons or larger:Container Handling: Nonrefillable container. Do not reuse or refill this container.Triple rinse or pressure rinse container (or equivalent) promptly after emptying. Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full withwater. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at leastone complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth severaltimes. Turn the container over onto its other end and tip it back and forth several times. Empty therinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat thisprocedure two more times. Pressure rinse as follows: Empty the remaining contents into applicationequipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold containerupside down over application equipment or mix tank or collect rinsate for later use or disposal. Insertpressure rinsing nozzle in the side of the container, and rinse at about 40 psi for at least 30 seconds.Drain for 10 seconds after the flow begins to drip. Then offer for recycling if available, or puncture anddispose of in a sanitary landfill, or by incineration, or by other procedures allowed by state and localauthorities.

General InformationSapphire® specialty herbicide provides postemergence control of annual and perennial broadleaf weeds inestablished turfgrass, such as residential lawns, golf courses, sports fields, sod farms and aroundcommercial buildings and other commercial turfgrass areas. Susceptible weeds emerged at the time ofapplication will be controlled. A spray volume of 20 gallons per acre (gpa) or more and uniform coverageare required for optimum performance. Sapphire is rainfast within one hour after application and has soilresidual herbicidal activity dependent upon weed species, soil type, soil moisture (rainfall or irrigation afterapplication) and the rate of application.

General Use Precautions and Restrictions• Do not apply Sapphire to golf course putting greens or tees.• Do not allow tank mixes of Sapphire to sit overnight.• Do not apply Sapphire directly to, or otherwise permit Sapphire to come into contact with, flowers,

ornamental shrubs or trees, or other desirable broadleaf plants, as serious injury may occur. Do notpermit spray mists containing Sapphire to drift onto desirable broadleaf plants.

• Do not collect grass clippings for use as mulch around plants.• Do not apply more than 0.5 pint of Sapphire (0.02 Ib ai penoxsulam) per acre per application to

perennial ryegrass and tall fescue and only if some injury can be tolerated.• Do not allow sprays of Sapphire to contact exposed suckers or exposed roots of shallow rooted trees

and shrubs or injury may occur.• To minimize the potential for grass injury, additional applications should not be made within four weeks

of a previous application.• Do not apply more than 2.3 pints of Sapphire (0.09 Ib ai penoxsulam) per acre per annual growing

season.• Tank mix a quality nonionic surfactant with all applications of Sapphire.• Use this product strictly in accordance with the drift and runoff precautions on this label in order to

minimize off-site exposure.• Chemigation: Do not apply this product through any type of irrigation system.

Treatment on Turfgrass Species Not Listed on the Label for SapphireUsers who wish to use Sapphire on turfgrass species not listed on this label may determine the suitabilityfor use by treating a small area at a specified rate. Prior to treatment of larger areas, the treated areashould be observed for any sign of herbicidal injury during 30 days of normal growing conditions todetermine if the target turfgrass species is tolerant. The user assumes responsibility for any plant damageor other liability resulting from use of Sapphire on turfgrass species not listed on this label.

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( < (inE9A / Sapphire / MSTR Notif / 07-15-10 Page 9

Use Sapphire on the following established turfgrass species (numbers in parentheses (-) refer tofootnotes below):

Established Cool Season Turfgrass (1)Common Name Scientific Namebentgrass Agrostis speciesbluegrass, Kentucky Poa pratensisfescue, chewing Festuca rubra var. commutatafescue, creeping red Festuca rubrafescue, sheeps Festuca ovinafescue, tall (2) Festuca arundinaceaeryegrass, perennial (2) Lolium perenne

Established Warm Season Turfgrass (3)Common Name Scientific Namebahiagrass Paspalum notatum var. saurae parodibermudagrass (common Cynodon dactylon

or hybrid)centipedegrass Eremochloa ophiuroidesfescue, tall (growing in Festuca arundinaceae

warm season areas) (2)kikuyugrass Pennisetum clandestinumseashore paspalum Paspalum vaginatumSt. Augustinegrass Stenotaphrum secundatumzoysiagrass Zoysia japonicazoysiagrass Zoysia tenuifolia

1. Use no more than 1 pint of Sapphire (0.04 Ib ai penoxsulam) per acre per application.2. Use Sapphire on these species at a maximum rate of 0.5 pint (0.02 Ib ai penoxsulam) per acre per

application and only if some injury can be tolerated. A yellowing of turfgrass may occur within twoweeks of application. The discoloration is generally gone within four weeks of treatment underadequate growing conditions. Stress to the turfgrass such as heat and drought may increase thepotential for turfgrass injury. Under these conditions, more injury may be possible to perennialryegrass and tall fescue. Use of 0.25 pint (0.01 Ib ai penoxsulam) per acre may reduce potential forturfgrass injury.

3. Use no more than 1.5 pints of Sapphire (0.06 Ib ai penoxsulam) per acre per application.

Spray Drift ManagementAvoiding spray drift is the responsibility of the applicator. The interaction of many equipment andweather related factors determine the potential for spray drift. Low humidity and high temperaturesincrease the evaporation rate of spray droplets and, therefore, the likelihood of increased spray drift.Make applications only when there is little or no hazard from spray drift. The applicator, crop consultant,and grower are responsible for considering all of these factors when making the decision to apply thisproduct.

Avoid all direct or indirect contact with non-target plants. Do not apply near desirable vegetation.Allow adequate distance between target area and desirable plants to minimize exposure.

Sensitive Areas: The pesticide should only be applied when the potential for drift to adjacent sensitiveareas (e.g., bodies of water, known habitat for threatened or endangered species, non-target plants) isminimal (e.g., when wind is blowing away from the sensitive areas).

Weeds Controlled or SuppressedGenerally, application rates at the lower end of the rate range will be satisfactory for young, succulentgrowth of sensitive weed species. For less sensitive species, perennials, and under conditions wherecontrol is more difficult (plant stress conditions such as drought or extreme temperatures, dense weed

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stands and/or larger weeds), the higher rate within the rate range or repeat applications will be needed.Weeds growing in the absence of competition from other vegetation generally require higher rates orrepeat applications to obtain satisfactory control or suppression.

Weeds Controlled or SuppressedEnglish lawn daisy1

burdockchickweed (common)chickweed (mouseear)clover, hopclover, redclover, whitecocklebur, commoncoffeeweedcommon vetchcreeping beggarweedcurly dockdandelion, commondollarweeddwarf beggarweedfalse dandelionFlorida betonygolden rodhawkweedhenbitivy, groundkyllinga, annual and green

(suppression only)nutsedge, purple2

lambsquarterslespedeza, commonmatch weedmedic, blackplantain, broadleafplantain, buckhornpurslane, commonragweed, commonround leaf mallowsheep sorrelshepherd's pursesmartweedspotted catsearspurweedVirginia buttonweedVirginia pepperweedwild violetwoodsorrel, creepingwoodsorrel, yellow

nutsedge, yellow^

Ratept/acre

0.25-1.50.5-1.5

1 -1.5

fl oz/1000 sq ft0.09-0.550.18-0.55

0.37 - 0.55

Special use instructions for controlling English lawn daisy:• Late summer/fall applications of Sapphire have shown to provide better control of English lawn daisy

than spring applications.• Irrigate the day before applications are planned to assure turfgrass and English lawn daisy are not

stressed.• Make two to three applications on a 28-day interval at 0.25 to 0.5 pints of product per acre. Use the

higher rate when heavy English lawn daisy populations are observed.• Tank mix a quality nonionic surfactant with all applications of Sapphire.• Perennial ryegrass and tall fescue have demonstrated sensitivity to Sapphire. Where these varieties

are dominant, multiple applications of 0.25 pint of Sapphire (0.01 Ib ai penoxsulam) per acre providecontrol of English lawn daisy while minimizing turfgrass injury potential. If unsure of the varietalcomposition of the golf course or turfgrass area, initial testing with Sapphire on a small turfgrass areaprior to treatment of large turfgrass areas may be warranted.

2Re-treatment may be necessary.

Mixing Instructions

Sapphire - AloneFill spray tank with water equal to 1/2 to 3/4 of the required spray volume. Start agitation. Add therequired amount of Sapphire, then finish filling the tank. Continue agitation while filling spray tank torequired volume and during application.

Sapphire - Tank MixSapphire may be applied in tank mix combination with other herbicides labeled for use on turfgrass tocontrol additional weeds. Tank mixing or using Sapphire with any other product not specifically andexpressly authorized by the label shall be the exclusive risk of the user, applicator and/or application

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advisor. When tank mixing, follow label directions, including application rates, use precautions andlimitations on each respective label. Continuous agitation is required for tank mixes.

Tank Mix Precautions:• Do not exceed specified application rates. Do not tank mix with another pesticide product that contains

the same active ingredient as this product unless the label of either tank mix partner specifies themaximum dosages that may be used.

• For other products packaged in water soluble packaging, do not tank mix with products containing boronor mix in equipment previously used to apply a product mixture containing boron unless the tank andspray equipment has been adequately cleaned.

• Always perform a (jar) test to ensure the compatibility of products to be used in tank mixture.

Tank Mix Compatibility Testing: When tank mixing Sapphire with other materials, a compatibility test(jar test) using relative proportions of the tank mix ingredients should be conducted prior to mixingingredients in the spray tank. Use a clear glass quart jar with lid and mix the tank mix ingredients in theirrelative proportions. Invert the jar containing the mixture several times and observe the mixture forapproximately 1/2 hour. If the mixture balls-up, forms flakes, sludges, jels, oily films or layers, or otherprecipitates, it is not compatible and the tank mix combination should not be used.

Mixing Order: Fill the tank with water to 1/4 to 1/3 of the required spray volume. Start the agitation.Different formulation types should be added in the following order: dry flowables (DF), wettable powders(WP), aqueous suspensions (AS), flowables (F), or liquids (L). Allow each product type to completelydisperse before adding another. Continue agitation and fill tank to 3/4 full, add the correct quantity ofSapphire and mix thoroughly. Finally, add any solution (S) formulations, agitate and finish filling. Maintainagitation during filling and during application. If spraying and agitation must be stopped before the tank isempty, suspended materials may settle to the bottom. It is important to resuspend all of the settledmaterial before continuing application. A sparger agitator is particularly useful for this purpose. Do notallow tank mixes to set overnight.

Application Directions

Standard Volume Broadcast ApplicationApply in a spray volume of 20 gpa or more (0.5 gallons or more per 1000 sq ft). Use a higher applicationvolume when complete and uniform application must be ensured, i.e., when Sapphire is tank mixed withfoliar fertilizers. If required, spray volume up to 200 gpa may be used.

Low Volume ApplicationApply in a spray volume of 5 to 20 gpa (0.08 to 0.5 gallons per 1000 sq ft). Use low pressure andapplication equipment capable of delivering a uniform spray droplet. To improve spray coverage, theaddition of a nonionic surfactant at a rate of 1/4 to 1/2 pint per acre is suggested. Use the higher rate ofsurfactant for lower rates of Sapphire and lower spray volumes.

Spot Treatments and/or Hand-Held SprayersSpot treatments should be applied at rates equivalent to broadcast applications.

Hand-Held Sprayers: When treating a small area, apply Sapphire with a calibrated sprayer that assuresaccurate, uniform spray distribution. In general, Sapphire should be mixed thoroughly with clean waterand applied at 20 to 40 psi in a minimum of 1 gallon of water per 1000 sq ft.

Rates and Timing of Application

Apply Sapphire to turfgrass at the rate of 0.25 to 1.5 pint per acre as a ground broadcast treatment or spottreatment. Calibrate application equipment prior to use according to manufacturer's directions. Avoidskips or overlaps as poor weed control or plant injury may occur.

Broadcast Rates of Sapphire

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Ratepint/acre

1.51

0.50.25

Amount (1 000 sq ft)floz1

0.550.370.180.09

mL16.511.15.42.7

11 f I oz = 29.6(30) mL

Best weed control results are obtained when Sapphire is applied to small, actively growing weeds.Extreme growing conditions such as drought or near freezing temperatures prior to, at, or following time ofapplication may reduce weed control. Broadleaf weed species germinate at different times.

Apply Sapphire to newly seeded cool season turfgrass only after the third mowing or after the turfgrassseedlings have tillered and developed an adequate secondary root system. Reseeding is notrecommended for at least four weeks after application

This product may also be applied to newly established warm season turfgrass. Delay treatments until twoto four weeks after sodding, sprigging or plugging.

Terms and Conditions of UseIf terms of the following Warranty Disclaimer, Inherent Risks of Use, and Limitation of Remedies are notacceptable, return unopened package at once to the seller for a full refund of purchase price paid.Otherwise, use by the buyer or any other user constitutes acceptance of the terms under WarrantyDisclaimer, Inherent Risks of Use and Limitation of Remedies.

Warranty DisclaimerDow AgroSciences warrants that this product conforms to the chemical description on the label and isreasonably fit for the purposes stated on the label when used in strict accordance with the directions,subject to the inherent risks set forth below. To the extent permitted by law, Dow AgroSciences MAKESNO OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY.

Inherent Risks of UseIt is impossible to eliminate all risks associated with use of this product. Crop injury, lack of performance,or other unintended consequences may result because of such factors as use of the product contrary tolabel instructions (including conditions noted on the label, such as unfavorable temperatures, soilconditions, etc.), abnormal conditions (such as excessive rainfall, drought, tornadoes, hurricanes),presence of other materials, the manner of application, or other factors, all of which are beyond the controlof Dow AgroSciences or the seller. To the extent permitted by law, all such risks shall be assumed bybuyer.

Limitation of RemediesTo the extent permitted by law, the exclusive remedy for losses or damages resulting from this product(including claims based on contract, negligence, strict liability, or other legal theories), shall be limited to,at Dow AgroSciences' election, one of the following:

(1) Refund of purchase price paid by buyer or user for product bought, or(2) Replacement of amount of product used.

To the extent permitted by law, Dow AgroSciences shall not be liable for losses or damages resulting fromhandling or use of this product unless Dow AgroSciences is promptly notified of such loss or damage inwriting. In no case shall Dow AgroSciences be liable for consequential or incidental damages or losses.

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To the extent permitted by law, the terms of the Warranty Disclaimer, Inherent Risks of Use, andLimitation of Remedies cannot be varied by any written or verbal statements or agreements. Noemployee or sales agent of Dow AgroSciences or the seller is authorized to vary or exceed the terms ofthe Warranty Disclaimer or this Limitation of Remedies in any manner.

®Trademark of Dow AgroSciences LLCEPA accepted 08/06/09